Fort Myers Wage & Hour Lawyer
Has your employer failed to pay you on-time? Or are you receiving a paycheck, but it is for less than you are owed? If so, you need to speak with a qualified Fort Myers Wage & Hour lawyer who can assist you in seeking compensation from your employer. At the Kuhn Law Firm, our Fort Myers wage & hour lawyers help many Florida workers like yourself obtain the back pay to which they are legally entitled. No employer has the right to withhold wages, pay you less than the statewide minimum wage, or refuse to appropriately compensate you for overtime. Whatever your situation, we can assist you in resolving your wage and hour dispute in a timely and cost-effective manner.
How the Minimum Wage Works in Florida
The federal government sets a nationwide minimum wage of $7.25 per hour. Individual states may specify a higher minimum wage, and Florida has done so. In fact, Florida’s minimum wage is directly written into the state constitution. The Constitution does not specify the exact amount of the minimum wage–rather, it establishes a formula to conduct an annual review of the existing wage based on the consumer price index (CPI), a common measure of inflation.
As of January 1, 2018, the Florida minimum wage is $8.25 per hour, $1.00 higher than required by the federal government. Your employer must pay you the higher, Florida minimum wage. However, if you work in the restaurant or service industry and customarily receive customer tips, your employer may take a “tip credit” under state law of up to $3.02 per hour. This means the employer is only liable for paying a cash minimum wage of $5.23 per hour, assuming of course you actually receive $3.02 in tips per hour worked.
When Is Your Employer Required to Pay Overtime?
Unlike the minimum wage, overtime is strictly a matter of federal law in Florida. The Fair Labor Standards Act (FLSA) requires employers to pay overtime–150 percent of the employee’s regular wage–for all hours worked above 40 in a given workweek. The law does not forbid employers from requiring overtime, or even limiting the total hours worked, but it does mandate time-and-a-half pay.
Certain industries and employees are “exempt” from the FLSA overtime rules. The most commonly invoked exemption is for “executive, administrative, or professional” employees. This exemption covers many, though not all, managerial workers who are paid at least $455 per week in salary.
We Fight for Your Rights as an Employee
If your employer failed to pay you the minimum wage or any required overtime, you have the right to sue. Federal and state laws allow you to not only recover the money you are owed, but in some cases you can receive additional “liquidated” damages and payment of your attorney fees and court costs.
Indeed, Florida employers understand that liquidated damages and court costs can easily exceed the amount of unpaid wages. This creates an enormous incentive to settle wage and hour cases–and it shows why your best chance for getting paid is to speak with a lawyer. So if you are the victim of unfair labor practices at work and need immediate advice from a qualified Fort Myers wage and hour lawyer, contact the Kuhn Law Firm, P.A., at 239-333-4529 today.